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Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh 2020 University of California, Hastings College of the Law

Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh

Hastings Communications and Entertainment Law Journal

When people think of sports gambling, they think of Las Vegas. Until recently, Nevada was the only state where one could legally place bets on sporting events. However, since the recent Supreme Court decision, Murphy v. NCAA, states are now in control when it comes to deciding whether or not to legalize sports gambling. As a result of the Murphy v. NCAA decision, some states have started to pass legislation to allow its citizens to legally place bets on certain sporting events. The driving force to legalize sports gambling stems from states’ desires to increase revenue through the taxation of ...


This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin 2020 University of California, Hastings College of the Law

This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin

Hastings Communications and Entertainment Law Journal

This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable. Specifically, why many believe that jokes to not meet the qualifications of being an expression, as well as the fear that protecting jokes will lead to chilled speech.

Additionally, this note shall discuss the ways jokes could be protected under the current legal scheme, including trademark and state ...


Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le 2020 University of California, Hastings College of the Law

Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le

Hastings Communications and Entertainment Law Journal

Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world’s stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government relative to non-host cities in the same country, and that this may be particularly important in periods of economic recession and resource scarcity. Sports play a central role in quality education for all, and sports have been found to advance public ...


The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon 2020 University of California, Hastings College of the Law

The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon

Hastings Communications and Entertainment Law Journal

Journalism is not only under the attack of fake news and post-truth politics. Its main enemy comes from within. Malpractices of journalism such as the fabrication of sources and fake stories and illegal intrusion in people’s privacy are part of the equation that leads to people’s distrust in news organization.

This article addresses two very related topics that, nevertheless, have not been sufficiently studied as part of the same phenomenon: the reporter’s privilege to protect his sources’ identity and its connection with a journalist’s involvement in the illegal hacking or interception of private communications.

After reviewing ...


Creative Destruction: Copyright's Fair Use Doctrine And The Moral Right Of Integrity, Cathay Y. N. Smith 2020 Pepperdine University

Creative Destruction: Copyright's Fair Use Doctrine And The Moral Right Of Integrity, Cathay Y. N. Smith

Pepperdine Law Review

This Paper explores the role of copyright’s fair use doctrine as a limit on the moral right of integrity. The moral right of integrity gives an author the right to prevent any distortion, modification, or mutilation of their work that prejudices their honor or reputation. Actions that have been found to violate an author’s moral right of integrity include, for instance, altering a mural by painting clothing over nude figures, selling separated panels of a single work of art, and displaying sculptures with holiday ribbons. At the same time, copyright’s fair use doctrine allows follow-on creators to ...


The New Gold Standard For Sports Psls: The Provisions That Allow The Golden State Warriors To Overpower A Bankruptcy Estate, Michael Medved 2020 Pepperdine University

The New Gold Standard For Sports Psls: The Provisions That Allow The Golden State Warriors To Overpower A Bankruptcy Estate, Michael Medved

The Journal of Business, Entrepreneurship & the Law

This comment will focus on how this second key difference implemented in the Warriors’ PSL would affect an eventual bankruptcy proceeding of a purchaser into their “membership program.” In the event of a purchaser filing for bankruptcy liquidation under chapter seven of the bankruptcy code, the PSL will join the rest of the bankrupt’s assets in becoming property of the now-bankrupt purchaser’s creditors estate. Purchasers into the Warriors’ offering can be either individuals or corporations. This comment will provide an analysis of how the debtor, estate, and team will likely fare in terms of recouping the value of ...


Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee 2020 Pepperdine University

Liability Redefined: The Application Of Agency Law To An Athletic Booster's Relationship With An Ncaa Member Institution, Jennifer Lee

The Journal of Business, Entrepreneurship & the Law

This comment draws parallels between agency law and the role of athletic boosters in a university context. This comment suggests that universities should not be held liable for the actions of third-party boosters unless the university had knowledge of the booster’s conduct or lacked an adequate system of internal controls.


Insights From Snowboard Pedagogy For The Legal Studies Instructor, Jennifer S. Anderson, David W. Read, Konrad S. Lee, John Linford 2020 DePaul University

Insights From Snowboard Pedagogy For The Legal Studies Instructor, Jennifer S. Anderson, David W. Read, Konrad S. Lee, John Linford

DePaul Journal of Sports Law

This paper intends to inform and avail instructors of pedagogical approaches proven effective in winter sports environments, specifically in the sport of snowboarding, that we suggest may be particularly effective in teaching business law to non-law students in undergraduate business programs. We join other scholars in examining the approach to teaching business law to non-law students in an effort to develop the knowledge and skills necessary to manage the “dynamic and untidy” legal issues that business professionals deal with, while mitigating the difficult and confusing subject matter and pedagogy associated with business law courses. Broadly speaking, teaching requires the acquisition ...


The Emergence Of Wearable Technology And The Legal Implications For Athletes, Teams, Leagues And Other Sports Organizations Across Amateur And Professional Athletics, Anthony Studnicka 2020 DePaul University

The Emergence Of Wearable Technology And The Legal Implications For Athletes, Teams, Leagues And Other Sports Organizations Across Amateur And Professional Athletics, Anthony Studnicka

DePaul Journal of Sports Law

The year was 1998. The Chicago Bulls were playing in Game 6 of the NBA Finals against the Utah Jazz. Michael Jordan was wearing his iconic, bright, red number 23 Bulls jersey. Jordan had led the Bulls to their third consecutive finals appearance, pursuing their sixth NBA Championship title of the decade. However, this was not his fight alone, as his teammates were fighting merely to get on the court. Ron Harper was playing while sick, and Toni Kukoc was battling fatigue. Another teammate and future Hall of Famer Scottie Pippen was playing through an injury. The extent of the ...


Convergence And Divergence In Stadium Ownership Structures, Robert Sroka 2020 DePaul University

Convergence And Divergence In Stadium Ownership Structures, Robert Sroka

DePaul Journal of Sports Law

In the broader business law literature, much has been written on the supposed convergence trend of corporate governance practices. Yet this academic discussion has barely extended to the professional sports context and in the instances where professional sports governance has been at issue, stadiums and stadium ownership have not been the subject of analysis. With stadium construction and renovation projects regularly running into the hundreds of millions or billions of dollars, and ongoing stadium operations and debt repayments on such facilities often exceeding tens of millions each year, stadium governance is a significant aspect of business and corporate governance worth ...


The Prehistoric Baseball Rule: Outdated For Today's Game, Kyle Tanzer 2020 DePaul University

The Prehistoric Baseball Rule: Outdated For Today's Game, Kyle Tanzer

DePaul Journal of Sports Law

No abstract provided.


The Larry Nassar Nightmare: Athletic Organizational Failures To Address Sexual Assault Allegations And A Call For Corrective Action, Heather Udowitch 2020 DePaul University

The Larry Nassar Nightmare: Athletic Organizational Failures To Address Sexual Assault Allegations And A Call For Corrective Action, Heather Udowitch

DePaul Journal of Sports Law

Lawrence (Larry) Nassar, a once credible, respected physician – who treated thousands of premiere athletes – is now known as a one of the most infamous individuals in American sports history. While building his professorial career as a doctor with USA Gymnastics (USAG), Michigan State University (MSU), and the United States Olympic Committee (USOC), Nassar was actually sexually assaulting hundreds of individuals under the guise of medical treatment. USAG, MSU, and the USOC all contributed to the flawed system that refused to listen to the athletes who reported Nassar in addition to help him maintain his status. Through the silence of numerous ...


The Importance Of Ncaa Student-Athletes' Financial Literacy And Mental Health In Anticipation Of The Historic Fair Pay To Play Act, R.J. Curington 2020 DePaul University

The Importance Of Ncaa Student-Athletes' Financial Literacy And Mental Health In Anticipation Of The Historic Fair Pay To Play Act, R.J. Curington

DePaul Journal of Sports Law

Sports fans praise athletic abilities and sensational games, especially during championship play. However, extreme criticism and judgment arises when athletes fall into financial and/or mental pitfalls after college. We all have heard horror stories of student-athletes being exploited by outside influences that result in suspensions to the student-athlete and even penalties on their athletic program. The exploitation of the nation’s top student-athletes can even begin in the early stages of high-school. These young student-athletes, who may not have the financial resources or the proper guidance, are often misled by self-interested outside sources. Dreams of financial stability are thought ...


Klawing For Protection: Kawhi Leonard's Battle With Nike Over Intellectual Property Rights, Gaetano Urgo 2020 DePaul University

Klawing For Protection: Kawhi Leonard's Battle With Nike Over Intellectual Property Rights, Gaetano Urgo

DePaul Journal of Sports Law

No abstract provided.


Addressing Human Trafficking In The Context Of Major League Baseball And The Cuban Baseball Federation, Sarah Hanlon 2020 DePaul University

Addressing Human Trafficking In The Context Of Major League Baseball And The Cuban Baseball Federation, Sarah Hanlon

DePaul Journal of Sports Law

In 2018, Major League Baseball (“MLB”) and the Cuban Baseball Federation (Federación Cubana de Béisbol, “FCB”) reached a historic agreement. The agreement sought to protect Cuban baseball players wishing to play in the United States. Under the agreement, Cuban players would no longer have to denounce their allegiance to Cuba or find alternative and often risky and dangerous ways to enter the United States. The agreement was symbolic of an easing of tensions between the United States and Cuba. Unfortunately, the agreement was short-lived after the Trump administration began reinvigorating stricter policies from the past with Cuba. This Note reviews ...


Athlete Biometric Data In Soccer: Athlete Protection Or Athlete Exploitation?, Adam Garlewicz 2020 DePaul University

Athlete Biometric Data In Soccer: Athlete Protection Or Athlete Exploitation?, Adam Garlewicz

DePaul Journal of Sports Law

This article is divided into three parts. Part I gives a synopsis of the current law in the United States dealing with the collection of biometric data. Part II provides an overview of how soccer is organized and regulated on an international level. Part III discusses the technology used in soccer to collect soccer players’ biometric data and the legal issues that arise from the collection of biometric data.


Table Of Contents, DePaul Sports Law 2020 DePaul University

Table Of Contents, Depaul Sports Law

DePaul Journal of Sports Law

No abstract provided.


The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman 2020 Seattle University School of Law

The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman

Seattle Journal of Technology, Environmental & Innovation Law

In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of ...


When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr 2020 California State University

When Worlds Collide: Protecting Physical World Interests Against Virtual World Malfeasance, Hilary Silvia, Nanci K. Carr

Michigan Technology Law Review

If a virtual-world-game character is cast upon real-world property without the consent of the landowner, inducing or encouraging players to trespass, is the virtual-world creator liable for damages? The United States Supreme Court has recognized that digital technology presents novel issues, the resolution of which must anticipate its further rapid development. It is beyond dispute that protective legislation will be unable to keep up with rapidly evolving technology. The burden of anticipating and addressing issues presented by emerging technologies will ultimately fall upon the businesses responsible for generating them. This duty was most notably adopted by the creators of Pokémon ...


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